Ormskirk & District ASC

1.1The
name of the Club shall be Ormskirk & District Amateur Swimming Club, herein
after called the club.

2. Objects

2.1The objects of the
Club shall be the teaching, development and practice of swimming,
the promotion of competitions and championships for its member and entry into
competitions and championships at Local, County and Region level.In the furtherance of these objects:

2.1.1The Club is
committed to treat everyone equally within the context of its activity. This
shall be, for example, regardless of age, sex, ethnic origin, religion,
disability or political persuasion, on any grounds.

2.1.2The Club shall
implement the ASA Equal Opportunities policy.

2.2The Club shall be
affiliated to ASA North West Region and the North Lancashire County Water
Polo and Swimming Association and shall adopt and conform to the rules of those
Associations, and to such other bodies as the Club may determine from time to
time.

2.3The business and the
affairs of the Club shall at all times be conducted in accordance with the Laws,
Regulations and Technical Rules of the ASA and in particular:

2.3.1all competition
entrants from the club shall be members of the club and shall be eligible
competitors as defined in ASA Laws and Regulations

2.3.2the Club shall in
accordance with ASA Laws and Regulations adopt the ASA Child Safeguarding
Procedures; and shall recognise that the welfare of children is everyone’s
responsibility and that all children and young people have a right to have fun,
be safe and be protected from harm.

2.3.3members of the Club
shall in accordance with ASA. Laws and Regulations comply with the ASA Child Safeguarding
Procedures.

2.4By virtue of the
affiliation of the Club to ASA North West Region, the Club and all members of
the Club acknowledge that they are subject to the laws, rules, regulations and
constitutions of:

2.4.1the North
Lancashire County Water Polo and Swimming Association, and

2.4.2ASA North West Region and

2.4.3the ASA. (to
include the ASA./IoS Code of Ethics); and

2.4.4British Swimming
(in particular its Doping Control Rules and Protocols and Disciplinary Code);
and

2.4.5FINA, the world
governing body for the sport of swimming in all its disciplines (together "the
Governing Body Rules”).

2.5In the event that
there shall be any conflict between any rule or by-law of the Club and any of
the Governing Body Rules then the relevant Governing Body Rule shall prevail.

3.Membership

3.1

3.1The total membership of the Club shall not normally be
limited.If however the Committee
considers that there is a good reason to impose any limit from time to time
then the Committee shall put forward appropriate proposals for consideration at
a General Meeting of the Club.The
members shall have the right to impose and remove from time to time any limits
on total membership or any category of membership of the Club.

3.2All persons who
assist in any way with the Club’s activities shall become members of the Club
and hence of the ASA and the relevant ASA membership fee shall be paid.
Assisting with the Club’s activities shall include, but not be restricted to,
administrators, associate members, voluntary instructors, teachers and coaches,
Committee members, helpers, Honorary members, life members, Officers, Patrons,
Presidents, technical and non-technical officials, temporary members, Vice
Presidents and verifiers or tutors of the ASA’s educational certificates.

3.3Paid instructors,
teachers and coaches who are not members of the Club must be members of a body
which accepts that its members are bound by the ASA’s Code of Ethics, the Laws and
Regulations relating to Child Safeguarding and those parts of the Judicial
Laws, Judicial Rules, Judicial Regulations and procedures necessary for their
implementation and whilst engaged in activities under the jurisdiction of the
ASA shall be subject to all the constraints and privileges of the Judicial Laws
and Regulations.

3.4Any person who
wishes to become a member of the Club must submit a signed application to the
Secretary (and in the case of a junior member the application must be signed by
the member’s parent or guardian).Election to membership shall be determined by the Membership
Secretary but other person(s) authorised by the Committee may make
recommendation as to the applicant’s acceptability.

3.5The Membership
Secretary shall be required to give reasons for the refusal of any application
for membership.Any person refused
membership may seek a review of this decision before a Review Panel appointed
by the Committee comprised of not less than three members, who may or may not
be members of the Committee.The Review
Panel shall [wherever practicable] include one independent member nominated by
the ASA North West Region. The person refused membership shall be entitled to
make representations to the Review Panel.The procedures for review shall be at the discretion of the Review Panel
whose decision shall be final and binding.

3.6The Club shall not refuse an
application for membership on discriminatory grounds, whether in relation to
ethnic origin, age, sex, religion, disability, political persuasion or sexual
orientation.

3.7The Club may
refuse membership only for good and sufficient cause, such as conduct or
character likely to bring the Club or the sport into disrepute, or, in the case
of an athlete, being unable to achieve the entry standards as laid down and
provided by the Club to the applicant for membership.

3.8Membership
of the club shall be renewed on an annual basis through the process of
reapplication not later than 31st January.

3.9The category of
membership shall be decided in accordance with the following

3.9.1Junior Members, who shall be less
than 18 years of age, shall not be allowed to hold office, attend meetings of
the committee, unless by invitation of the committee or vote at Committee or
General Meetings or submit nominations, proposals or resolutions for
consideration at a general meeting of the membership.

3.9.2Senior Members, who shall be not less than
18 years of age, shall be eligible to stand for election for office and for
membership of the committee, to attend and vote at General Meetings of the
membership and to submit nominations, proposals and resolutions to a general
meeting of the membership.

3.9.3Honorary Members, who shall be elected by
the Committee, with the exception of the President or Vice President(s), for
such a period as they think fit and they shall be entitled to all the
privileges of membership except that they shall not be entitled to make nominations
for office, to submit proposals and resolutions for consideration at a general
meeting of the membership, to vote at meetings or serve as officers or on the
Committee unless any such person shall have retained in addition their ordinary
membership of the club. Such Honorary members must be included in the
Club's annual return as to membership.

3.9.4Life Members, who shall be elected at the
Annual General Meeting on a recommendation made by the
Committee in recognition of outstanding services rendered to the Club. Life
members shall be entitled to all the privileges of membership except that they
shall not be entitled to make nominations for office, to submit proposals and
resolutions for consideration at a general meeting of the membership, to vote
at meetings or serve as officers or on the Committee unless any such person
shall have retained in addition their ordinary membership of the club. Such Life
members must be included in the Club's annual return as to membership.

3.9.5Associate
Members, who shall be not less than 18 years of age, who shall be elected by the Committee in recognition of
support or services rendered to the Club. Associate Members shall be
entitled to all the privileges of membership including the right to make
nominations for office and for the committee, to submit propositions and
resolutions for consideration at any general meeting of the membership, to vote
at General Meetings, to hold office and be elected to the Committee and must be
included in the Club's annual return as to membership.

3.9.6 Temporary Members, who are individuals
granted temporary membership by the ASA by virtue of their participation in
specific event(s) organised by the Club in conjunction with a club, body,
association or organisation under the provision of the ASA Regulation on
temporary membership.Temporary Members shall
not be entitled to make proposals and resolutions, to vote at meetings and
serve as officers or on the Committee.

4.Subscription and Other Fees

4.1The annual members’ membership, coaching,
squad, session fees shall be determined from time to time by the Committee and
the Committee shall in so doing make special provision for different classes of
membership as the Committee shall determine.

4.2The annual subscription and entrance fee
(if any) shall be due on joining the Club and thereafter on the 31st day of January each year.

4.3Any member whose subscription is unpaid by thedate falling 30 days after the due date for payment may be suspended by the Committee from some or all Club
activities from a date to be determined by the Committee and until such payment
is made.

4.4The Committee shall, from time to time, have the power to determine the annual
membership subscription and other fees. This shall include the power to make
such increase in the subscription as shall, where the Club pays the individual
ASA Membership Fees to the ASA on behalf of members, be consequential upon an
increase in individual ASA membership fees.Any increase in subscriptions shall be advised to the members in writing
or by email with the reasons for any increase to be reported to the members at
the next Annual General Meeting.

4.5The Committee shall have the power in special circumstances to remit the whole or part of
the fees, including the ASA membership fees, to address issues of social
inclusion.

5.Resignation

5.1A member wishing
to resign membership of the Club must give to the Secretary written notice of
his/her resignation.A member’s
resignation shall only take effect when agreed by the Committee and there is no
financial commitment or disciplinary action outstanding against the individual
andthis Rule
5.1 has been complied with.

5.2A member who
resigns from the Club in accordance with Rule 5.1 above shall not
be entitled to have any part of the annual membership fee or any other fees
returned.

5.3Notwithstanding the provisions of Rule 5.1 above a member
whose subscription is more than 3 months in arrear shall be deemed to have resigned.Where the membership of a member shall be
terminated in this way he/she shall be informed in writing that he/she is no
longer a member by notice handed to him/her or sent by post to his/her last
known address.

5.4The ASA Membership Department shall be informed should a
member resign when still owing money or goods to the Club.

6.Expulsion and Other Disciplinary Action

6.1The Committee shall have power to expel a member/associate member when, in
its opinion, it would not be in the interests of the Club for the individual to
remain a member. The Club in exercising this power shall comply with the
provisions of Rules 6.3 and 6.4 below.

6.2 Upon expulsion the former member
shall not be entitled to have any part of the annual
membership fee to be refunded and must return any Club or external body’s
trophy or trophies held forthwith.

6.3The Club shall
comply with the requirements and procedures of the Judicial Rules and
Regulations for handling Internal Club Disputes as the same may be revised from
time to time. A copy of the relevant Regulations and Procedures are given as an
appendix to these constitutional rules.

6.4A member may not be expelled or, subject to Rule 6.5 below,
be made the subject of any other penalty unless the panel hearing the dispute shall not
less than two thirds vote in favour of the expulsion of, or other penalty imposed upon, the
member.

6.5The Officers of the Club, or any person to whom the Committee
shall delegate this power, may temporarily suspend or exclude a member from
particular training sessions and/or wider club activities, when in their
opinion, such action is in the interests of the Club. Where such action is taken the incident or
matter will thereafter be dealt with in accordance with the appropriate
Judicial Rules and Regulations.

6.6The Officials in charge of a particular
event or club session shall be responsible for the discipline. If further
action is required this is to be referred to the Internal Disputes procedures
as laid down in ASA Judicial Laws and Regulations.

·Member is a child/swimmer of the club and associate member is a
parent/guardian of that member.

7.Committee

7.1The Committee
shall consist of the Chairman, Secretary, Treasurer and Competition Secretary and
not more than 2 elected members all of whom must be
members of the Club. All Committee members must be not
less than 18 years of age though the Committee may allow younger member(s) to attend
their meetings by invitation of the Committee without the power to vote.

7.2The Committee shall
appoint as and when required a member of the Club as Welfare Officer who must
be not less than 18 years of age, who should have an appropriate background and
who is required to undertake appropriate training in accordance with ASA Child
Safeguarding courses.The Welfare
Officer shall not be a member of the teaching and coaching staff or the Team
Manager or a member of the family of an officer, committee member, the teaching
and coaching staff or the Team Manager.The Welfare Officer shall not be a member of the committee but will have
a right to attend Committee meetings without a power to vote and shall report
to the Committee on all aspects of welfare concerning members of the club.

7.3The Committee members shall be proposed seconded and elected by
ballot at the Annual General Meeting each year and shall remain in office until
their successors are elected at the next Annual General Meeting and will take
office when the Chairman has closed the meeting.Any vacancy occurring by resignation or
otherwise in any position previously filled at the Annual General Meeting or
other General Meeting may be filled by the Committee.Retiring Officers and members of the
Committee shall be eligible for re-election.

7.4Committee meetings shall be held not less than by-monthly save
where the Committee itself shall by a simple majority resolve not to meet, but
there shall be not less than quarterly meetings of
the Committee per year.The Chairman and
the Secretary shall have discretion to call further meetings of the Committee if they consider it to be in the interests of
the Club.The Secretary shall give all
the members of the Committee not less than seven days notice of a meeting in
writing or by electronic means.Decisions of the Committee shall be made by a simple majority of those
eligible to attend and vote and in the event of an equality of votes the
Chairman, or the acting Chairman of that meeting, shall have a casting or
additional vote. The Secretary, or in his/her absence a member of the
Committee, shall take minutes.

7.5The quorum for a Committee meeting shall be such number as
shall represent not less than a simple majority of the Committee members
entitled to attend and vote, to include not less than one Officer.In the event that a quorum is not present
within 30 minutes of the published start time, a meeting shall stand adjourned
to the time and date falling seven days after the date of the meeting, or such
other date and time as may be determined by the Chairman but shall be
reconvened on a date within one month of the original date and a minimum of seven
days advance notice given to the members of the rescheduled date, time and
venue.At this meeting, the same agenda
as originally issued shall be used.If a quorum is not present
at the adjourned meeting then those Committee members attending may act for the
purpose of calling a Special General Meeting of the members, to which the
provisions as to the minimum notice contained in Rule 11.1 and Rule 11.2 shall
not apply.

7.6In addition to the members so elected the Committee may co-opt up to 2 further members of the Club who
shall serve until the next Annual General Meeting.Co-opted members
shall be entitled to vote at the meetings of the Committee and shall not
be counted in establishing whether a quorum is present.Co-opted members shall not be less than 18
years of age.

7.7The Committee may from time to time appoint from among the
membership of the clubsuch sub-committees as
they may consider necessary and to remove, in whole or in part, or vary the
terms of reference of such sub-committees) and may delegate to them such of the
powers and duties of the Committee as the Committee may determine. All
sub-committees shall periodically report their proceedings to the Committee and
shall conduct their business in accordance with the directions of the
Committee.

7.8The Committee shall be responsible for the management of the
Club and shall have the sole right of appointing and determining the terms and
conditions of service of employees and voluntary helpers of the Club.The Committee shall have power to enter into
contracts for the purposes of the Club on behalf of all the members of the
Club.

7.9The Committee shall be responsible for
ensuring that the Accounts of the Club for each financial year be examined by
an independent examiner to be appointed by the members in a General Meeting.

7.10The members of the Committee shall be indemnified by the
members of the Club against all liabilities properly incurred by them in the
management of the affairs of the Club.

7.11The Committee shall maintain an Accident
Book in which all accidents to Club members at swimming related activities
shall be recorded. Details of such accidents shall be reported to the ASA
Membership Department. The Club shall make an annual return to the ASA Membership
Department indicating whether or not an entry has been made in the prescribed
form, which is to be found on the membership renewal form.

7.12The Committee shall have power to make regulations, create
by-laws, see also Rule 13.1, and to settle disputed points not otherwise
provided for in this Constitution.

7.13 The Committee shall
ensure that the financial records and minutes of meetings are retained for a period of at least 6 years.

7.14At the first Committee meeting
following the Annual General meeting the Committee shall appoint the delegates
to attend the Council meetings of the North West Region, the County Association
and such other bodies and associations to which the Club is affiliated, as
required.

8.Officers

8.1The Officers of the Club shall be the
Chairperson, the Secretary, the Treasurer and the Competition Secretary.

8.2The
Officers shall be proposed seconded and elected at the Annual General Meeting
each year and shall remain in office until their successors are elected at the
next Annual General Meeting and will take office when the Chairman has closed
the meeting.Any vacancy occurring by
resignation or otherwise in any position previously filled at the Annual
General Meeting may be filled by the Committee.Retiring Officers shall be eligible for re-election.

9.Annual General Meeting

9.1The Annual General
Meeting of the Club shall be held each year on a date in July. The date,
time and venue for the Annual General Meeting shall be fixed by the Committee.

9.2 Only in the event
of exceptional circumstances shall an AGM be postponed by the Committee once
the date, time and venue has been fixed and advised to members. A postponed AGM
shall normally be reconvened on a date within one month of the original date
and a minimum of 7 days advance notice given to the members of the rescheduled
date, time and venue. At this meeting, the same agenda as originally issued
shall be used.

9.3 In any event no
more than 15 months shall elapse between any two consecutive Annual General Meetings.

9.4The purpose of the Annual General
Meeting is to transact the following business:

9.4.1to receive the
Chairman’s report of the activities of the Club during the previous year;

9.4.2to receive and
consider the accounts of the Club for the previous year and the report on the
accounts of the independent examiner and the Treasurer's report as to the financial
position of the Club;

9.4.3to remove and elect
the independent examiner (who must not be a member of the Committee or a member
of the family of a member of the Committee) or confirm that he/she remain in
office;

9.4.4to elect the
Officers and other members of the Committee;

9.4.5to elect the
Delegates to attend the Council meetings of the ASA North West Region
and the North Lancs County Water Polo and Swimming Association and such other
bodies and associations to which the club is affiliated, asrequired.

9.4.6to decide on any
resolution, proposal or submission that is duly submitted in accordance with
Rule 9.6.

9.5Nominations for election
of members to any office, named position or for membership of the Committee
shall be made in writing or by electronic means by the proposer and seconder to
the Secretary not later than21 days prior to the date of the meeting.
The nominee shall be required to indicate on the nomination form his/her
willingness to stand for election.

9.6Notice of any
resolution, proposal or submission to be moved at a General Meeting, duly
proposed and seconded shall be given in writing or by electronic means to the
Secretary not later than 21 days prior to the date of the meeting.

10.Special General Meeting

10.1A Special General
Meeting may be called at any time by the Committee.

10.2The Secretary shall notify
the members of the arrangements for holding a
Special General Meeting within twenty one days of receiving a written or
electronic request for a Special Meeting to be held signed by not less than 12 members
entitled to attend and vote at a General Meeting stating the purposes for which
the meeting is required and the resolutions proposed. The meeting shall be held within two months of
the receipt of the request to hold the meeting.No business shall be discussed at such a meeting other than that
prescribed by the Management Committee or that stated in the request, as the
case may be.

10.3A Special General
Meeting shall be called in response to a resolution to that effect passed at
the Annual General meeting or at any other Special General meeting.

10.4 Only in the event
of exceptional circumstances shall a Special General Meeting be postponed by
the Committee once the date, time and venue has been fixed and advised to
members. A postponed Special General Meeting shall be reconvened on a date
within one month of the original date and a minimum of 7 days advance notice
given to the members of the rescheduled date, time and venue. At this meeting,
the same agenda as originally issued shall be used.

11.Procedures at the Annual and Special General Meetings

11.1The Secretary shall personally be responsible for making
available to each member a written notice of the date, time and venue of the
Annual General Meeting together with the closing date for the receipt of any
resolutions, proposals, nominations or reports to be considered thereat not
less than 28 days before the date of the meeting.The Secretary may, alternatively, with the
agreement of member(s) concerned distribute these materials by e-mail or
similar form of communication.The
Notice of the Meeting shall in addition wherever possible be displayed on the
Club Notice Board where one exists.

11.2The Secretary shall personally be responsible for making
available to each member a written agenda for a General Meeting together with
the resolutions to be proposed thereat at least fourteen days before the
meeting and in the case of the Annual General Meeting a copy of the reports to
be considered, a list of nominees for the Committee posts and other positions
and a copy of the examined accounts. The Secretary may, alternatively, with the
agreement of member(s) concerned distribute these materials by e-mail or
similar form of communication.

11.3The quorum for the Annual and Special General Meetings shall be
5 members entitled to attend and vote at the Meeting which must include at
least one officer.

11.4Having called a
General Meeting, it may only proceed to business if the correct quorum of
members is present within 30 minutes after the time fixed for the meeting;
otherwise, the meeting if convened at the requisition of the members shall be
dissolved; if convened by the direction of the Committee it shall be adjourned
to the same time in the following week save that the adjourned meeting may
proceed to business whatever the number of members present.

11.5If the meeting
commences but is adjourned for want of time (or other good reason); members
present at the meeting will be notified there and then of the adjourned date if
practicable. If not and the matter is adjourned for more than 14 days all
members shall receive 7 days notice in writing of the adjourned meeting;
otherwise only those who attend the original meeting will be notified of the
date.

11.6Any dissolved or adjourned
meeting must be re-convened and business completed within 2 months of the
adjournment.

11.7Memberswho have reached their 18th birthday who are not excluded
under the conditions of Rule 3.9.3, Rule 3.9.4, Rule 3.9.5 and Rule 3.9.6 shall be
entitled to be heard and to vote on all matters.Members who are excluded under the conditionsof Rule 3.9.3, Rule 3.9.4, Rule 3.9.5 or Rule 3.9.6 may be heard by
invitation of the Chairman only.Members
who have not reached their 18th birthday shall be entitled to be heard by
invitation of the Chairman only on those matters determined by the Chairman as
matters concerning juniors, such as the election of club captains.

11.8The Chairman, or if
the Chairman is not available or declines to act as Chairman a member appointed
by the Committee, shall take the chair.

11.9Each member present
who is entitled to attend and vote shall have one vote and resolutions shall be
passed by a simple majority. In the
event of an equality of votes the Chairman shall have a casting or additional
vote.

11.10The Secretary, or in his/her absence a member of the Committee,
shall take minutes at the Annual and Special General Meetings.

11.11The Chairman shall at all General Meetings have unlimited
authority upon every question of order and shall be, for the purpose of such
meeting, the sole interpreter of the Rules of the Club.

12.Alteration of the
Rulesand Other Resolutions

12.1The Rules may be altered by resolution at an Annual or Special
General Meeting provided that the resolution is carried by a majority of at
least two-thirds of members present and entitled to vote at the General
Meeting.

12.2No amendment(s) to the Rules shall become effective until such
amendment(s) shall have been submitted to and validated by such person as is
authorised to do so by the ASA North West Region or at a later date decided by
the meeting.

12.3Any Senior member who is not excluded under the conditions of
Rule 3.9.3, Rule 3.9.4 and Rule 3.9.6 shall be entitled to put any proposal,
resolution or submission for consideration at any General Meeting provided the
proposal, resolution or submission in writing or by electronic means duly
proposed and seconded shall have been handed to or posted to the Secretary of
the Club so as to be received by him/her not later than 21 days before the date
of the meeting in the case of the Annual General Meeting or a Special General
Meeting and thereafter the Secretary shall supply a copy of the proposal,
resolution or submission to the members in the manner provided in Rule 11.1 and
Rule 11.2.

13.By-Laws

13.1The Committee shall have power to make, repeal and amend such
by-laws as they may from time to time consider necessary for the well being of
the Club which by-laws, repeals and amendments shall have effect until set
aside by the Committee or at a General Meeting.

14.Finance

14.1All moneys payable to the Club shall be
received by the Treasurer and deposited in a bank account in the name of the
Club.No sumshall be paid from that
account except by cheque or by electronic means or online and sanctioned by two
of the authorised individuals who shall be the Treasurer and Competition
Secretary.Any
moneys not required for immediate use may be invested as the Management
Committee in its discretion think fit.

14.2The income and property of the Club shall be applied only in
furtherance of the objects of the Club and no part thereof shall be paid by way
of bonus, dividend or profit to any members of the Club, save as set out in
Rule 17.3.

14.3The Committee shall have power to authorise the payment of
remuneration and expenses to any Officer, member or employee of the Club and to
any other person or persons for services rendered to the Club.

14.4The financial transactions of the Club shall be recorded by the
Treasurer in such manner as the Committee thinks fit.

14.5The financial year of the Club shall be the period commencing on 1st January and ending on 31stDecember. Any change to the financial year shall require the approval of the
members in a General Meeting.

14.6 The Committee shall retain all financial records relating to the
club and copies of Minutes of all meetings for a minimum period of six years.

15.Borrowing

15.1The Committee may borrow money on behalf of the Club for the
purposes of the Club from time to time at their own discretion up to such
limits on borrowing as may be laid down from time to time by the General
Meeting for the general upkeep of the Club or with the prior approval of a
General Meeting for any other expenditure, additions or improvements.

15.2When so borrowing the Committee shall have power to raise in
any way any sum or sums of money and to raise and secure the repayment of any
sums or sums of money in such manner or on such terms and conditions as it
thinks fit, and in particular by mortgage of or charge upon or by the issues of
debentures charged upon all or any part of the property of the Club.

15.3The Committee shall have no power to pledge the personal
liability of any member of the Club for the repayment of any sums so borrowed.

16.Property

16.1The property of the Club, other than cash at the bank, shall be
vested in not more than four Custodians.They shall deal with the property as directed by resolution of the
Committee and entry in the minute book shall be conclusive evidence of such a
resolution.

16.2The Custodians shall be elected at a General Meeting of the Club
and shall hold office until death or resignation unless removed by a resolution
passed at a General Meeting.

16.3The Custodians shall be entitled to an indemnity out of the
property of the Club for all expenses and other liabilities properly incurred by
them in the discharge of their duties.

17.Dissolution

17.1A resolution to dissolve the Club shall only be considered at a
General Meeting and shall be carried by a majority of at least three-quarters
of the members present and entitled to vote. A specific date for the
dissolution shall be included in the resolution.

17.2The dissolution shall take effect from the date specified in
the resolution and the members of the Committee shall be responsible for the
winding-up of the assets and liabilities of the Club.

17.3Any property remaining after the discharge of the debts and
liabilities of the Club shall be divided equally among the members of the Club
at the date of dissolution.

18.Acknowledgement

18.1The Members acknowledge that these Rules constitute a legally
binding contract to regulate the relationship of the members with each other
and the Club.

The following statement needs to
appear on Club membership forms and is to be signed by the member and must also
be countersigned by the parent, or a person having parental responsibility for
the member, if under 18 years of age:

I
acknowledge receipt of the rules of Ormskirk & District Amateur Swimming
Club and confirm my understanding and acceptance that such rules (as amended
from time to time) shall govern my membership of the Club. I further
acknowledge and accept the responsibilities of membership upon members as set
out in these rules.

APPENDIX A

ASA
LAWS and REGULATIONS

INTERNAL
CLUB DISPUTES

1CLUB RIGHTS and
RESPONSIBILITIES

The rights and responsibilities of a club in terms
of its discipline, its internal dispute procedures and the sanctions it can
impose are given in ASA Regulation 281 which specifies:-

ASA Regulation 281Club
discipline and internal dispute procedures

281.1For a breach of its own rules, an affiliated
club or body may:

281.1.1apply sanctions to a member relating to
activities wholly within its own jurisdiction up to and including suspension
from any or all of them;

281.1.2expel a member, provided that before doing
so it informs the member of the alleged offence and gives him a reasonable
opportunity to defend himself against the charge.If the alleged offence is also a breach of
ASA Law or Regulations the club or body shall not deal with it but may make a
complaint under the Judicial Laws and Regulations.

281.2A club or body may expel from membership
and/or refuse to renew the membership of any member who has been suspended
according to Regulation 109 or Regulation 241 provided that any such expulsion
or initial refusal shall not be lawful after the twelve months immediately
following the end of the suspension.

281.3Each club shall include in its rules
provisions specifying the procedures to be carried out to handle internal club
disputes.

281.4Any such provisions shall comply with the
ASA Recommended Club Constitution and the accompanying Guidance Notes.

2COMPLAINT TO ASA

Any
dispute that involves an allegation of a breach of ASA Law must be submitted to
the ASA and dealt with as a complaint under the condition of ASA Regulation
150.4 and ASA Regulation 281.1.2.ASA
Judicial Regulation 102 deals with the circumstance of a complaint made to the
ASA. It provides the necessary explanation that defines a complaint, the grounds
on which a complaint can be made, who can make a complaint and the procedure to
be used.

ASA Judicial Regulation 102.Complaints

102.1A complaint is a formal expression of
dissatisfaction with the actions or behaviour of any person, including an
individual or a club, or other body, or organisation or with alleged unfair
practice in connection with the sport.

3INTERNAL DISPUTES

When a dispute arises between two or more members of
the same club, body or organisation it must be handled using the Internal
Disputes procedure specified in the Club Constitutional Rules and the following
ASA Judicial Regulations 150 to 155.

ASA
Judicial Regulation 150General

150.1The
primary objective of the Regulations in this section is to set out ways by
which a just outcome of an internal dispute between the members of a club,
organisation, association or body may be secured as expeditiously as possible.

150.2An
‘internal club dispute’ is a dispute involving an alleged breach of the club’s
rules, between two or more club members, any or none of whom may be an officer
of the club, or one or more club members and one or more employees of the club
(the "parties”).

150.3If
a dispute cannot be resolved fairly and amicably between the parties concerned,
and does not involve a breach of ASA Law, it may be dealt with under the
relevant provisions of Regulation 281 which deal with club rights and
responsibilities.

150.4Any
dispute which involves an allegation that there has been a breach of ASA Law by
a member must be dealt with as a Complaint under Regulation 102 and the other
relevant Regulations.

150.5If
the dispute involves an allegation against a paid employee of the club the
issue must be dealt with under the terms of his contract of employment.

150.6A
failure by a club or any of the parties to comply with these Regulations 150 to
155 inclusive shall be grounds for a complaint under Regulation 102.

150.7Organisations,
associations or bodies affiliated to the ASA shall conform with such parts of
Regulations 150 to 155 inclusive as may reasonably be applied to them, in all
respects as if they were a club.

ASA Judicial Regulation 151Sequence
of steps to deal with a dispute

151.1The
parties shall use any reasonable means to settle the issues between them
informally and amicably.

151.2If
such a resolution cannot be achieved, the dispute shall be referred to the
chairman of the club committee or, if he is a party to the dispute, to another
officer of the club who is not a party who within seven days of the reference
shall appoint an independent person to act as a mediator between the
parties.The mediator may be a member of
the club or a member of another club affiliated to the ASA.

151.3If
the mediator is unable to bring about a satisfactory settlement within twenty
one days, the club committee shall within a further fourteen days appoint a
panel (the "panel”) to determine the dispute.

151.3.1The
panel shall consist of three persons who have not been involved in the dispute,
either from the members of the club or, if this is not possible or desirable,
from the members of any other club affiliated to the ASA.

151.3.2The
parties shall be given the opportunity to object to any of the members of the
panel at least seven days before the scheduled date of any hearing.The club committee shall consider any such
objections, decide whether they are justified and act accordingly.

ASA Judicial Regulation 152Procedure before a hearing

152.1The
panel members shall appoint one of their numbers to act as the Chairman and
either appoint another of their number, or alternatively appoint an additional
person without any other powers, to act as the clerk of the hearing.

152.2The
Chairman of the panel shall arrange the date of the hearing and notify the
parties of the arrangements at least fourteen days in advance of the date
set.The notified date shall not be
changed unless one or more of the parties has a compelling reason for not being
able to attend on the notified day or time.

ASA
Judicial Regulation 153Procedure
at a hearing

153.1The
procedure shall be flexible and it shall be the responsibility of the Chairman
of the panel to ensure the orderly and effective conduct of the hearing.

153.2The
panel shall not be bound by the judicial rules of the courts of England and Wales governing procedure or the
admissibility of evidence provided that the hearing is conducted in a fair and
orderly manner and that each party is given a reasonable opportunity to give
and call evidence, address the panel and present his case.The Chairman shall have the discretion to
limit the number of witnesses that would otherwise have been called.

153.3Witnesses
shall normally be provided with an area outside the hearing room and not take
any part in the hearing other than giving evidence and responding to questions

153.4The
parties shall be informed of their right to make a complaint under Regulation
102 if they are dissatisfied with the conduct of the hearing or the grounds
upon which the decision was made or if they consider any sanction imposed to be
disproportionate.

ASA Judicial Regulation 154Procedure after a hearing

154.1The
panel shall come to a decision as soon as reasonably practicable after the
hearing and if possible announce its findings and decisions orally to the
parties.

154.2Notwithstanding
anything in Regulation 154.1 the Chairman shall notify the parties and, if the
club was not a party to the dispute, the club secretary in writing of its
findings and decisions within five days of the hearing.

ASA
Judicial Regulation 155Considerations
regarding children

155.1Any
person under the age of eighteen (a "child”) who is a party to a dispute or who
has been called as a witness shall normally be accompanied by a parent, a
person with parental responsibility or a suitable adult. The Chairman shall
have the sole discretion as to whether a child is permitted to present or
defend a case or be questioned as a witness and may order that the child be
assisted or represented by an adult.

155.2The
Chairman shall give due consideration to any child attending a hearing as a
party to a dispute or to give evidence and in particular:

155.2.1No child aged fourteen or under shall normally be expected to
attend a hearing to give evidence in person.His evidence shall normally be given as a written statement with the
assistance of a club welfare officer or other person acceptable to the child
and parent. Questions and responses may be relayed by a panel member

If the
child appears distressed the panel shall rely only on the written evidence:

155.2.2A
child over the age of fourteen shall only attend a hearing as a party to the
dispute or to give evidence in person provided he wishes to, and the Chairman
has consulted with the parent and child and is satisfied that they both
understand the nature of the hearing and what will happen and that the child is
competent to attend:

155.2.3If there
is a disagreement between parent and/or child and the Chairman on any of the
considerations above, the Chairman shall consider requesting advice from the
Independent Child Protection Officer via the ASA Legal Department.

155.3During
the hearing, a child who is expected to give evidence in person and his
accompanying adult(s) shall be required to attend only those parts of the
hearing which are necessary for him to give his evidence and shall be provided
with a separate waiting area with no contact with any of the [other] parties.

155.4After
the hearing the Chairman shall inform the parent of the panel’s findings and
decisions and shall discuss whether he or the parent shall inform the child.